1. OFFICE OF THE CHIEF JUSTICE
Presentation to the Portfolio Committee on Justice and Correctional Services 08 July 2014
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

2. PRESENTATION OUTLINE Introduction Journey Map 2010-2014
Highlights of Achievements – 2013/14
Mandates
Operational Framework of the OCJ
Budget
Human Capacity
Priorities
Operational Plans: 2014/15
Institutional Challenges/Constraints
Concluding Remarks
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

3. INTRODUCTION
The Office of the Chief Justice (OCJ) is a National Department established to provide institutional support to the Chief Justice (administration of the Judiciary).
Its functions as determined by the Minister for Public Service and Administration in terms of the Public Service Act 1994, are to:
- provide and coordinate legal and administrative support to the Chief Justice;
- provide communication and relationship management services and inter-governmental and international co-ordination;
- develop courts administration policy, norms and standards;
- support the development of judicial policy, norms and standards;
- support the judicial function of the Constitutional Court; and
- support the Judicial Service Commission in the execution of its mandate.
The OCJ supports the Chief Justice in promoting regional and international judicial relations.
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

4. JOURNEY MAP
Secondment of managers to the Chief Justice – 2008
Proclamation of the OCJ by the President of the Republic of South Africa on 23 August 2010
Determination of OCJ functions by the MPSA.
Capacitation of the OCJ – SMS appointments and Acting SG :
The Memorandum of Understanding signed with the DoJ&CD on 26 January 2012 to assign/transfer administrative support functions relating to the following:
JSC
SAJEI
Constitutional Court, SCA
Appointment of the Secretary General (DG) – April 2013.
17th CAA and SuCA - legislation put into operation in 2013.
Delegations provided to the OCJ to operate effectively (Minister (SuCA & PSA), DG (PFMA).
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

5. HIGHLIGHTS OF ACHIEVEMENTS 2013-2014
OCJ Institutional Model’s Report submitted to Ministry (to inform policy).
Draft Strategic Plan and APP developed and considered by NT
Capacitation of the OCJ – appointment of human capacity/critical staff
Building of internal controls and governance structures, e.g:
Appointment of the Audit & Risk Committee
establishment of the OCJ BAC
development of institutional policies
NEEC and PEEC established by Chief Justice
Judicial Norms & Standards approved and gazetted - 17th CAA and SuCA implementation
Approval of the OCJ Budget Programme Structure (preparation for separate OCJ Budget Vote) – by National Treasury on 12 April 2013.
Delegations to the SG by the Minister (SuCA and PSA) and DG (PFMA).
IT infrastructure implemented – migration and Judiciary IT Domain/website.
Budget 2013/14 - R123.9m & Expenditure 99.84%.
Judicial education - 52 seminars and 1472 trained
19 Judges recommended by JSC and finally appointed by the President
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

6. MANDATES (1) Constitutional Mandate
Section 165 of the Constitution vests Judicial authority on the courts.
Item 16 to Schedule 6 of the Constitution provides for the rationalisation of the courts with a view to establish a judicial system suited to the requirements of the Constitution (in consultation with Judiciary).
Constitution Seventeenth Amendment Act, 2012
Designate the Chief Justice as the Head of the entire Judiciary.
Empowers the Chief Justice with the responsibility
to establish norms and standards for the exercise of judicial functions of all courts.
Monitoring of implementation of norms & standards in all courts.
Develop guidelines, protocols.
Assign the Constitutional Court as the Apex Court.
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

7. MANDATES (continued) Legislative Mandate Superior Courts Act, 2013
Rationalize laws and structures of the superior courts.
CJ exercise responsibility over the administration of judicial functions of all courts.
Judges Presidents to assume responsibility over coordination of judicial functions of all courts within each province.
South African Judicial Education Institute Act, The Chief Justice is the Chairperson of the SAJEI Council. SAJEI was established to provide judicial education to all Judicial Officers. The responsibility for the training of Magistrates has been transferred from Justice College to SAJEI since January 2012.
Judicial Service Commission Act, 1994 – The Chief Justice is the Chairperson of the Judicial Service Commission which inter alia is responsible for the recommendation of candidates for judicial appointment and dealing with complaints lodged against Judges.
Public Finance Management Act, 1999
Public Service Act & Regulations
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

8. OPERATIONAL FRAMEWORK OF THE OCJ
Due to the fact that the OCJ does not yet have a Budget Vote, it currently operates as follows:
In terms of transitional arrangements between OCJ and DoJ&CD – OCJ is still a sub programme in the DoJ&CD strategic plan.
Currently the OCJ is subject to the 2014/15 APP of the DoJ&CD.
The SG is the Accounting Officer in terms of SuCA but not in terms of the PFMA.
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

9. OCJ BUDGET VOTE STATE OF READINESS AS PER NATIONAL TREASURY CHECKLIST
OCJ BUDGET VOTE PREPARATION: NATIONAL TREASURY CHECK LIST (1)
OCJ BUDGET VOTE STATE OF READINESS AS PER NATIONAL TREASURY CHECKLIST
REQUIREMENT
STATUS – June 2014
Strategic Plan & APP
First Draft submitted to NT via DoJ&CD in August 2013
First Drafts of both the Strategic Plan ( ) and APP (2015/16) will be submitted to NT and DPME in August 2014.
Approval of budget structure by National Treasury
Completed - April 2013
Opening of the following accounts:
PMG Account
Deposit account;
Inter-departmental account;
Petty cash account; and
Charges account
Completed - October 2011
Implementation of the IT Infrastructure (phase I)
1ST phase (migration) completed June 2014.
2nd phase (content management systems & unified communication) planned to start July SITA to commence with Hardware Configuration for Transversal Systems
Creation of Transversal Systems - BAS, Persal, LOGIS
DoJ&CD to request migration of OCJ (transversal systems) from SITA-Target date for request 15 July 2014.
Warrant voucher books must be ordered from the Government Printer.
Printing can only be done once the Vote is implemented- 30 April 2015
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

10. OCJ BUDGET VOTE STATE OF READINESS AS PER NATIONAL TREASURY CHECKLIST
OCJ BUDGET VOTE PREPARATION: NATIONAL TREASURY CHECK LIST (2)
OCJ BUDGET VOTE STATE OF READINESS AS PER NATIONAL TREASURY CHECKLIST
REQUIREMENT
STATUS – June 2014
The department must be registered as an employer at:
SARS
Completed - October 2011
Regional Services Council
No longer required
Compensation Fund
Subject to separation of budget vote from DoJ&CD – 30 April 2015.
Pension Fund
Completed - November 2011
Medical Fund
Completed - August 2011
Appointment of the CFO
Completed - October 2013
Appointment of a System Controller
Completed - June 2013
Appointment of the Audit & Risk Committee
Completed – May 2014
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

11. APPROVED BUDGET PROGRAMME STRUCTURE
Approved by National Treasury (NT) on the 12 April 2013:
Programme 1: Administration
Programme 2: Judicial Support & Court Administration (inclusive of all Superior Courts)
Programme 3: Judicial Education & Research
Direct Charge/National Revenue Fund: Judges Salary
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

12. 2014 - 2017 MTEF BUDGET (2014/15 SUB-PROGRAMMES OF OCJ WITHIN THE DOJ&CD VOTE)
Office of the Chief Justice
Budget
Expend-iture
Current budget
MTEF budget
2013/14
2014/15
2015/16
2016/17
R’000
Constitutional Court (OCJ)
Supreme Court of Appeal
29 917
30 433
24 174
25 246
27 172
High Courts
Specialised Courts
67 591
51 647
38 821
41 968
45 885
Total
REPUBLIC OF SOUTH AFRICA
OFFICE OF THE CHIEF JUSTICE

13. 2014 - 2017 MTEF BUDGET (2014/15 INCLUSIVE OF SUPERIOR COURTS)
2013/14
2014/15
2015/16
2016/17
Total
R’000
Office of the Chief Justice
Actual expenditure
Current budget
MTEF budget
Programme 1: Administration
12 681
24 479
27 332
28 214
55 546
Programme 2:
Judicial Support & Court Administration
Programme 3:
Judicial Education & Research
26 902
31 848
33 423
35 094
68 517
REPUBLIC OF SOUTH AFRICA
OFFICE OF THE CHIEF JUSTICE

14. 2013/14 EXPENDITURE ANALYSIS (EXCLUDING SUPERIOR COURTS)
Office of the Chief Justice
Adjusted Budget
Actual Expenditure
Variance
Programme
R’000 %
Programme 1: Administration
9 149
12 681
139
(3 532)
(39)
Programme 2: Judicial Support & Court Administration
91 361
84 205 92
7 190 8
Programme 3: Judicial Education & Research
23 442
26 902
115
(3 460)
(15)
Total
99.84
198
0.16
Economic classification
Compensation of employees
43 097
39 862
3 235
Goods and services
71 251
76 688
108
(5 403)
(8)
Transfers and subsidies -
112
(112)
Machinery and equipment
9 570
7 126 74
2 444 26
Software and other intangible assets 34
100
REPUBLIC OF SOUTH AFRICA
OFFICE OF THE CHIEF JUSTICE

15. . UNFUNDED PRIORITIES/MANDATES: 2014/15-2015/16
A shortfall of R89.5m is estimated, indicated as follows:
Capacitation of OCJ (R6.5m shortfall)
Budget to implement the SuCA
Capacitation of JPs offices (R10m)
Development of a judicial monitoring system re Court Performance (R15m)
Judicial Education (R15m)
Rental of OCJ offices (R6.5m pa)
Additional furniture (R1.5m)
Envisaged additional operational costs as a result of transfer/delegation of functions (R15m pa estimate)
Envisaged additional remunerative costs as result of transfer/delegation of functions (R20m pa estimate) .
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

16. OCJ ENGAGEMENT WITH NT VIA DOJ&CD RE UNFUNDED MANDATES
2014/15 Budget allocated to the OCJ was inflation based.
The budget didn’t consider year by year growth ito mandates and support resources.
NT engaged: economic climate; general budget constraints; reprioritization within departments baselines to fund shortfalls and new mandates.
NT advised OCJ & DoJ&CD to deal with transfer/delegation of functions from DoJ&CD to OCJ first before it can consider additional budget to OCJ.
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

17. OCJ Staffing 2014/15
Staffing posts with 146 (55%) filled and 120 (45%) vacant.
Second layer management has been appointed which constitutes the OCJ Exco.
SMS Level
Filled
Vacant and Unfunded
Total 22 9 31
Level
1-12
Filled
Vacant and Unfunded
Total
124
111
235
REPUBLIC OF SOUTH AFRICA
OFFICE OF THE CHIEF JUSTICE

18. OCJ HR Profile : SMS Filled 71% and Vacant 29%
Gender: Male:73% and Female 27%
Race: Black 86% and White14%
SMS Level
Filled
Vacant and Unfunded
Total 22 9 31
Male
Female
Foreign Nationals
Total A C I W 12 2 - 4 1 22
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

19. OCJ HR Profile : Level 1-12 Filled 53% and Vacant 47%
Gender: Male:40% and Female 60%
Race: Black 87% and White13%
Level
1-12
Filled
Vacant and Unfunded
Total
124
111
235
Male
Female
Foreign Nationals
Total A C I W 39 5 - 6 55 3 10  -
 124
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

20. OCJ PRIORITIES Highlights of priorities are: Securing OCJ Budget Vote
Judicial Head Quarters (Home for the Administration of Judiciary)
Smooth transfer/delegation of functions from DoJ&CD (Superior Courts)
Capacitation of the OCJ to carry current mandate (human & systems)
Judicial Case Flow Management
Review/overhaul of Case Management Court Rules
Judicially led Court Administration Model
Judicial education - e-learning etc
Judicial/Court Modernization – e-filing & e-records management, etc
Communication & Judicial Outreach Programme
Implementation of Legislation (17th CAA & SuCA)
Additional capacity for OCJ to carry new mandate
Capacitate Offices of the JP’s
Judicial Court Performance Monitoring System
Monitoring of the implementation of Norms and Standards
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

21. OPERATIONAL PLANS: 2014/15 2015 – 2020 Strategic Plan developed
2015/16 Annual Performance Plan developed
OCJ Budget Vote approved by the National Treasury;
Continue efforts to secure sufficient budget for the OCJ to execute its current and new legal mandates
Judicial ICT Infrastructure deployed to enhance institutional independence (including upgrade to accommodate Superior Courts)
90% of funded approved critical posts filled
Judicial Case Flow Management implemented in all High Courts
System in place to monitor Court Performance & implementation of Judicial Norms and Standards
Secretariat support to the JSC, JCC & JCT
Management/reduction of Audit outcomes
63 judicial education sessions/workshops conducted
Enhanced Curriculum Development & Learning Management
CJ Executive support & Judicial Stakeholder Relations managed
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

22. ENVISAGED PROJECTS These projects are:
Build Judicial Head Quarters - Home for the Administration of Judiciary for about 500 staff compliment (amount to be quantified by DPW).
Court performance monitoring capabilities/system.
Communication Services – branding, stakeholder relations, outreach (R30m).
Judicial Case flow Management (R15m).
Court Modernization – e-filing & e-records management, etc (R18m).
Judicial education - e-learning, Printing facility, additional training programmes for Magistrates & soft skills programmes for all Judicial officers.
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

23. INSTITUTIONAL CHALLENGES/CONSTRAINTS
Inadequate office space – (current office space is 3105 m² - required office space: 4500 m²).
Dependency on DoJ institutional support systems
Insufficient budget (resourcing: structure, systems, infrastructure).
Lack of footprint in provinces to effectively support Superior Courts (fragmentation of institutional structure and administrative processes).
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

24. CONCLUDING REMARKS
The OCJ thank the Portfolio Committee for its guidance/support to ensure the OCJ is better positioned to deliver on its mandates.
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA

25. THANK YOU
OFFICE OF THE CHIEF JUSTICE
REPUBLIC OF SOUTH AFRICA